J1 Visa revoked at customs. What are my options?

[SalishSea 16,769]

1 minute ago, SusieQQQ said:

FYI (and to be clear, being inadmissible means you are banned from entry)

in my non legal reading, the false statement you made and signed to on your J visa application meets all of the following ... as I think it was jan22 explained previously 

 

B. Willful Misrepresentation

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. [2] For a person to be inadmissible, the officer must find all of the following elements: 

• The person procured, or sought to procure, a benefit under U.S. immigration laws;

• The person made a false representation; 

• The false representation was willfully made; 

• The false representation was material; and

• The false representation was made to a U.S. government official, generally an immigration or consular officer. [3] 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Do you think it would matter that the false statements were made to procure a non-immigrant visa vs an immigrant visa?

[Just Paul 4,591]

3 minutes ago, Jorgedig said:

Do you think it would matter that the false statements were made to procure a non-immigrant visa vs an immigrant visa?

I don't think it matters immigrant vs non-immigrant.

 

I've seen people who worked one week on a B2 get a lifetime ban.

[SusieQQQ 11,584]

45 minutes ago, Jorgedig said:

Do you think it would matter that the false statements were made to procure a non-immigrant visa vs an immigrant visa?

No. It’s worse in a sense, because there are more stringent background checks for immigrants and more trust in the applicant for non-immigrant visas.

 

There was that F1 student here recently who got a 5-year ban for working off campus. Another who got a ban for submitting apparently false employment letters (he said they weren’t) to get a tourist visa.  I think OP got lucky with the CBP officer, who may just not have wanted extra paperwork to deal with. That won’t be the case with a CO.

Edited July 3, 2019 by SusieQQQ

[jan22 2,898]

2 hours ago, connormcguigan said:

It would be a different organisation under the O visa. But I do understand that the misrepresentation on the visa. However I was not given a ban but I do intent to allow for some time before applying for any non-immigrant visas.

You were maybe not given a ban at the POE.  It will be reviewed during any visa interview, however, and can result in a different finding....especially since your last misrepresentations got you the J1 visa that you likely would not have gotten if you answered honestly.

 

(And, BTW, re your statement about allowing some time before applying for any non-immigrant visas -- you do know most work visas for the US are non-immigrant visas, right?)

Edited July 4, 2019 by jan22

[connormcguigan 0]

11 hours ago, Paul & Mary said:

I don't think it matters immigrant vs non-immigrant.

 

I've seen people who worked one week on a B2 get a lifetime ban.

Although it may be difficult and take some convincing at the embassy to receive any visa in the future. I was not given any ban.

[connormcguigan 0]

10 hours ago, jan22 said:

You were maybe not given a ban at the POE.  It will be reviewed during any visa interview, however, and can result in a different finding....especially since your last misrepresentations got you the J1 visa that you likely would not have gotten if you answered honestly.

 

(And, BTW, re your statement about allowing some time before applying for any non-immigrant visas -- you do know most work visas for the US are non-immigrant visas, right?)

Yes I do realise now that any visa application all answers would have to be answered truthfully which will make it very difficult to get any Visa. 

 

By non-immigrant visas I was meaning all work and travel visas.

[SusieQQQ 11,584]

4 hours ago, connormcguigan said:

Although it may be difficult and take some convincing at the embassy to receive any visa in the future. I was not given any ban.

I give up - some people will just not hear what they don’t want to hear.

[geowrian 22,335]

6 hours ago, connormcguigan said:

I was not given any ban.

Yet. The CO would be the one to determine if there was a material misrepresentation made resulting in the inadmissibility. CBP rarely gets into those details - they generally document things, deny entry, revoke any visa, and let the embassy/consulate deal with it from then on out.